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CARABETTA ENTERPRISES, INC. v. U.S.

Nos. 06-5037, 06-5043.

482 F.3d 1360 (2007)

CARABETTA ENTERPRISES, INC., Carabetta Management Company, Joseph F. Carabetta, CR Hedgewood Limited Partnership, CR Norwich Limited Partnership, CR Sleeping Giant Limited Partnership, CR Redstone Limited Partnership, CR Saybrook Limited Partnership, CR Stoneycrest Limited Partnership, CR Willowcrest Limited Partnership, Kingswood Apartments, Ltd., Newfield Towers Realty Co., New Meadows Realty Co., Orange Apartment Associates, Patton Apartment Associates, Silver Pond Realty Co., Southford Park Realty Co., Springfield Investors, Springfield II Investors, Springfield III Investors, Stoneycrest Towers Realty Co., Village Park Realty I Co., and Village Park Realty II Co., Plaintiffs-Cross Appellants, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 4, 2007.

Attorney(s) appearing for the Case

Steven J. Rosenbaum, Covington & Burling, of Washington, DC, argued for plaintiffs-cross appellants.

Jane W. Vanneman, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director. Of counsel were Gerald M. Alexander, Nancy D. Christopher, and Arnette L. Georges, Department of Housing and Urban Development, of Washington, DC.

Before LOURIE, RADER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

The plaintiffs, Joseph F. Carabetta and a group of companies associated with him, are the owners and managers of properties that have provided low-income rental housing under several programs sponsored by the Department of Housing and Urban Development (HUD). Based on a dispute with HUD, the plaintiffs, which we refer to collectively as "Carabetta," brought a breach of contract action against the United States in the Court of Federal Claims...

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